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Dandenong Development Board Bill
Circulation Print
EXPLANATORY MEMORANDUM
General
This Bill establishes the Dandenong Development Board to facilitate the
development of Dandenong as a key centre for employment, housing,
services and community and cultural activity in south east Melbourne.
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 provides for the Bill to commence operation on 1 January 2004
or on an earlier day to be proclaimed.
Clause 3 defines the following terms--
· appointed member;
· Board;
· Council;
· Dandenong;
· Department;
· ex-officio member;
· member;
· Secretary.
Clause 4 sets out the objects of the Bill, which include the promotion and
facilitation of the development of Dandenong as a key centre for
employment, housing, service delivery and community activity.
Clause 5 establishes the Dandenong Development Board (the "Board").
The Board is a body corporate.
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Clause 6 sets out the functions of the Board. The main functions of the
Board are--
· to facilitate development of Dandenong as a key centre
for employment and services for south-east Melbourne;
· to encourage community and cultural activities in
Dandenong;
· to recommend infrastructure and other works to the
Minister which are considered necessary to facilitate
development and economic and cultural activity within
Dandenong;
· to encourage diversity in the development of housing
including affordable housing;
· to promote economic growth in Dandenong.
Clause 7 sets out the powers of the Board. The powers of the Board
include all things necessary or convenient to be done for or in
connection with performing its functions. The Board may enter
into contracts, employ agents or contractors, act as an agent of
another person and establish committees. The Board may also
undertake or contribute to studies and investigations relating to--
· planning, design and development of Dandenong;
· identifying necessary infrastructure or other public
works within or relating to the development of
Dandenong;
· identify works or other activities to be carried out by or
on behalf of the Council or Government agencies in
Dandenong.
Clause 8 provides that the Board is subject to the direction and control of
the Minister.
Clause 9 provides that the Board may delegate any of its functions and
powers, other than the power of delegation.
Clause 10 provides for the constitution of the Board. The Board is to
consist of the following 9 members--
· a Chairperson;
· the Mayor of the Council or his or her nominee;
· the Chief Executive Officer of the Council or his or her
nominee;
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· the Secretary or his or her nominee;
· the Secretary to the Department of Innovation, Industry
and Regional Development or his or her nominee;
· the Secretary to the Department of Infrastructure or his
or her nominee;
· the chief executive officer of the Urban and Regional
Land Corporation or his or her nominee;
· 2 persons having business interests in Dandenong.
Clause 11 provides for the terms and conditions of office of members
appointed to the Board. An appointed member holds office for
4 years and is eligible for reappointment. An appointed member
or the Mayor of the Council is entitled to receive the fees and
travelling expenses and other expenses as fixed by the Governor
in Council.
Clause 12 provides for vacancies, resignations and removal of members
appointed to the Board.
Clause 13 provides for acting appointments to the Board when an appointed
member is ill or absent.
Clause 14 provides that an act or a decision of the Board is not invalid
merely because of some defect or irregularity in an appointment
or a vacancy in the membership of the Board.
Clause 15 provides for the procedure at meetings of the Board.
Clause 16 enables the Board to make resolutions without meetings.
Clause 17 requires a member to disclose any interest that might conflict
with the member's duty in relation to a matter being or about to
be considered by the Board.
Clause 18 enables the Board to establish committees for certain purposes.
This clause also enables the Board to co-opt persons to assist a
committee.
Clause 19 provides for the employment of an executive officer of the Board.
Clause 20 enables the Board to use services of any employee of the
Department (with the approval of the Secretary) or Council staff
(by agreement or arrangement) if necessary to carry out its
functions.
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Clause 21 requires that the Board must prepare a corporate plan for each
financial year. The proposed corporate plan must be in a form
approved by the Minister and must include--
· a statement of corporate intent;
· a business plan;
· financial statements.
The Board must give a copy to the Minister on or before 31 May
in each year and must consider any comments on the proposed
plan that are made by the Minister within 2 months after the plan
was submitted to the Minister.
Clause 22 sets out the contents of the statement of corporate intent in the
corporate plan.
Clause 23 provides that the Board is to act in accordance with its corporate
plan.
Clause 24 provides that the Board's actions will not be void or
unenforceable if it fails to comply with clauses 21, 22 or 23.
Clause 25 provides that if the Board is of the opinion that significant events
have arisen that may affect its business objectives or the targets
in its corporate plan, then it must notify the Minister of its
opinion and reasons for that opinion.
Clause 26 provides for the Bill to expire on 30 June 2010.
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